CO129-547-8 Piracy- case of Rex v. Chung Tam Kwong 22-3-1934 - 14-12-1934 — Page 60

86

No. 3.

18

The judgemt. affirmed, and approved by speciall consent by word

Extract from of mouth

the

Archives

of Mary-

land," 14th-

17th March,

1637.

Trial of Thomas

Smith for piracy

-continued.

by

Capt. Cornwaleys Cutbert ffenwick X'pofer Thomas

Sergt. vaughan

Zachary mottershead william Lewis

Isaac Edwards

Reinold fleete

Thomas morris

Anthony Cotton

John nevill James Cauther Edward fleete francis rabnett

thomas francklin

robert percy Richard Loe

10

19

and his company and did kill the said William Ashmore being one of the company of the said Thomas Cornwaleys; as felons pyrates, and murthers.

Acts of Assembly the 15th March 1637 betweene the houres of 9 and 10 in the

morning Assembled.

(names)

No. 3.

LC

Extract from the Archives of Mary- land," 14th- 17th March,

1637.

Trial of Thomas

Smith for

piracy -continued.

Then did the prisoner demand his clergy; but it was answered by the President that clergy could not be allowed in this crime, and if it might, yet now it was demanded too late after judgement.

then departed out of the house Capt. Cornwaleys, Cutbert ffenwick, william Lewis, John nevill, Anthony Cotton, Edward ffleete and Cyprian Throughgood.

then was the house moved by the Attorney to enquire of the death of william Ashmore, Ratcliffe Warren, John Bellson & william dawson 20 and the house having heard the evidence of Cyprian Throughgood, John nevill, Cutbert ffenwick & Edward ffleete did find that the said Ratcliffe warren, John Bellson, william dawson with divers others did assault the vessells of Capt. Thomas Cornwaleys & his company feloniously and as pyrates & robbers to take the said vessells; and did discharge divers peices charged with bulletts & shott against the said Thomas Cornwaleys & his company; whereupon & after such assault made the said Thomas Cornwaleys and his company in defence of themselves & safegard of their lives not being able to flie further from them after warning given to the assailants to desist from assault- 30 ing them at their owne perill, did discharge some gunnes upon the said Ratcliffe warren and his company; of wch shotts the said Ratcliff warren John Bellson, and william dawson died; and so they find that the said Tho. Cornwaleys & his company did lawfully & in their owne necessary defence kill the said Ratcliff warren John Bellson and william dawson; and doe acquit the said Thomas Cornwaleys & his company of the death of the said Ratcliff warren John Bellson and william dawson

and they further find that the said Rateliff Warren, and his com- pany did discharge their gunnes against the said Thomas Cornwaleys 40

10

*

Then was read the first time 1. bill confirming the sentence against Thomas Smith.

Acts of Assembly on 16th March 1637 betweene the houres of 8 and 9 in the

Assembled (names)

morning

*

20

then was read the second time the Acts

confirming the sentence agt. Tho. Smith

for fees

for paymt. of forfeitures

Acts of Assembly 17th March 1637 between the houres of 8 and 9 in the

morning Assembled

(names)

then was read the third time the Bill confirming the sentence agst.

30 Thomas Smith. passed for fees. passed.

(22763-43) Wt. 27975-8 50 3/34 P. 8. G. 304

87

Page 60Page 61